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Mark Langshaw Lee Trett

Written by Mark Langshaw Reviewed by Lee Trett

Updated 27 January 2026 Fact-checked

27 January 2026

Hub page introduction, criteria and FAQs added

21 November 2025

First Published

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A quick overview of estate planning

Estate planning is the process of organising your financial affairs to ensure your assets are managed and distributed according to your wishes after you pass away or if you lose the capacity to make decisions. It involves more than just writing a Will’ it’s a strategic approach to protecting your legacy and minimising tax burdens for your loved ones.

Key features of estate planning

Estate planning is fairly bespoke, although usually involves a will as a minimum. Here are some other elements of estate planning that may apply to you, depending on your circumstances and preferences:

  • Wills - A legal document outlining who inherits your property, money, and possessions when you die

  • Lasting Power of Attorney (LPA) - This specifies an appointed, trusted individual(s) to manage your health and/or finances if you become incapacitated and unable to make your own decisions

  • Inheritance Tax (IHT) Planning - This is the process of using legal exemptions and thresholds to reduce the tax bill your beneficiaries might face after you die

  • Trusts - A trust is a legal arrangement to hold assets for beneficiaries for a defined period after you die. These are often used to protect wealth for children or vulnerable adults

  • Guardianship - Is the process of formally naming who should look after any of your immediate children or other minors in your care in the event of your death

  • Funeral Wishes - While not legally binding, estate plans often include instructions for your final arrangements, such as whether you would like burial or cremation

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Factor

Impact & Key Considerations

Estate Complexity

Having multiple properties, business interests, or foreign assets increases the legal work required and the overall cost

Family Structure

Complex families (e.g., step-children or second marriages) often require bespoke ‘Life Interest’ trusts to ensure everyone is protected

IHT Thresholds

Estates worth over £325,000 (or up to £1m for couples with property) face a 40% tax rate, requiring more advanced planning

Choice of Executor

Appointing professional executors such as solicitors, provides expertise but incurs fees, usually a percentage of the estate value. Many people choose trusted friends or non-immediate family members to perform this function, which is also legal

Mental Capacity

If there are concerns regarding health, a medical practitioner may need to certify your capacity and ability to fully understand the decisions made at the time of signing

Document Type

A simple Will is relatively low-cost, whereas incorporating Trusts or multiple LPAs increases the initial setup fees

Eligibility criteria and other legal requirements

To create legally binding estate planning documents in the UK, you must be at least 18 years old and have the mental capacity to understand the implications of the decisions you are making. For a Will to be valid, it must be signed in the presence of two independent witnesses who are not beneficiaries. Similarly, an LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.

This table highlights the factors that impact the complexity, cost, and effectiveness of a full estate plan.

If you die without a valid Will, you are said to have died ‘intestate.’ Your estate will be distributed according to strict legal rules rather than your personal wishes. This often means that unmarried partners or close friends receive nothing, and the process of settling your affairs can become significantly more expensive and stressful for your surviving relatives.

Yes, you should ideally review your Will every five years or after major life events like marriage, divorce, or the birth of a child. Minor changes can be made using a legal supplement called a ‘codicil,’ while major changes usually require a new Will. Note that marriage or civil partnership typically revokes any existing Will automatically.

A Will only takes effect after you pass away. An LPA is designed to protect you while you are still alive but unable to make decisions for yourself due to illness or injury. Without an LPA, your family might have to apply to the Court of Protection to manage your bank accounts or decide on your medical care, a process that is often long, costly, and intrusive.

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